General Terms and Conditions for Yandex.Market services

Date of placement: 21.09.2016

Effective Date: 21.09.2016

The acceptance and compliance with the terms and conditions set forth in these “General Terms and Conditions for Yandex.Market services” (“General Terms and Conditions”) by the Customer is obligatory condition for provision of Yandex.Market Services in case of selecting by the Customer such a placement mode as “active sales”.

Terms and Definitions

CTR (Click-Through Rate) - the ratio of the number of Clicks to number of Impressions.

Rate/Price per Click (rate) - cost per Сlick, established by the Customer and/or by Yandex.

Search results - all pages of information resources (websites) displayed to users on the Internet or in application programs (including programs for mobile devices) containing (displaying) a list(s) selected by the search engine of links to documents and/or network resources on the Internet and/or to Materials that meet the user's search query.

Product card - a page of Yandex.Market Service that contains a description (specifications) of goods (services).

Product micro card – a banner with the image, name of product, specified range of prices for the given product, other information about the product, including a link addressing the User to the Product card. Micro product card can be displayed on the search results pages of Yandex.Market Service, in the ads’ block above the search results of Yandex Search Service and other pages of Yandex resources.

Store offer card - a page of Yandex.Market Service, containing Customer’s product offer in banner form, that may include an image and other information (name of a product, name of a Customer's store), a Link addressing a User to an informational resource (website) on the Internet (the Customer's website/store) with the address (URL) specified by the Customer (the Link may be absent, when a Local product offering (banner) is displayed for the User from a different region. The page with store offers card may also contained certain elements (demagnified images) of other Materials including the Materials displayed by other Customers.

Local product offering – Customer’s product offering whose location is the same as the User’s region.

User's region - the alleged geographic region of User’s location specified by Yandex in automatic mode or region of the location set by the User on Yandex website.

Regional product offering - the Customer’s product offering, for which he specifies geographic regions (countries, cities, districts) of delivery other than its shop-location.

The Materials - a set of Product offerings (Online product offerings and Offline product offerings) provided by the Customer, informational and reference materials, containing information about the range, prices, characteristics, availability for sale of products (works, services) offered in the Customer’s store to potential buyers in the current period, information about the location of the Customer’s stationary retail outlets, images, descriptions and other information about Product offerings and the store.

Online product offering - product/work/service offer that the User may order / purchase on the Customer's store website.

1.2.3. Block “Stores on the map” - up to 5 Offline product offerings with reference to the point of location on a map at the corresponding address of location of the Customer's stationary retail outlet.

1.3.2 “Product offering by default” block (in some cases, it may contain the mark “Make a Market Order” or “Special offer”) – 1 The Product offering):

• within the Product card on the Yandex.Market Service - on the left side of the page below the price on the Product card;

•in the "Features", "Prices", "Opinions", "Reviews", "Discussions", on the page “Average price” sections of the Product card on the Yandex.Market Service - on the right side of the page; on special page with the image of the product on the left side of the page.

Display of “Product offering by default” block is not guaranteed and shall be performed at the discretion of Yandex.

1.6.2. “search merchandise insert” block on Yandex.Search Service pages – up to 4 product offerings (when such block is displayed to the right of the search results of Yandex.Search Service pages – up to 9 product offerings).

The “card merchandise insert” and “search merchandise insert” blocks are displayed at Yandex’s discretion and, therefore, is not guaranteed to be available.

1.7. Locations:

pages of “Stores nearby” of Yandex.Market Service - all Product offerings with reference to the point of location on a map at the corresponding address of location of the stationary retail outlets selling the advertised product/service and/or the point of customer pick up of the advertised goods.

1.8. Locations:

Store offer card — one Customer’s product offer “Online” (banner).

1.9. Product Offerings that may be displayed at the Locations listed in Clauses 1.2, 1.3, 1.4, 1.5, 1.7 may be also displayed on sites and/or in programs of Yandex and/or third parties using “Yandex.Market Content API” (https://yandex.ru/legal/market_api_content/), subject to the terms (including prices) of displaying the Materials provided for in this document for corresponding Locations listed in Clauses 1.2, 1.3, 1.4, 1.5, 1.7. The number and the selection (without changes of the sorting methods provided by the service «Yandex.Market Content API») of Product Offerings displayed on pages of sites using “Yandex.Market Content API” may differ from that specified in Clauses 1.2, 1.3, 1.4, 1.5, 1.7.

1.10. Certain elements of the Materials (images, product descriptions, prices and ranges of prices), offered by the Customer, may be displayed in Product micro card, Store offer card, Product card and mobile applications of Yandex or its affiliates.

1.11. Locations:

Pages «Selection and/or reviews of products» of Yandex.Market Service - up to 50 Product offerings.

2. Terms and conditions of the displaying of Materials

2.1. Displaying of Product offerings on the Locations specified in paragraphs 1.1, 1.4, 1.6, 1.7, shall be subject to availability of the appropriate user's search query words/phrases ( the “Key word”) used in the name of the Product offering or in the name of the category of goods (services) of “Yandex.Market” Database to which this Product offering belongs. At the Locations indicated in paragraphs 1.1, 1.6, only local and regional Product offerings shall be displayed.

2.1.1. Displaying of Product offerings in accordance with paragraph 2.1 of the General Terms and Conditions may also be effected where the word/ phrase, specified in the paragraph 2.1, is substituted by its synonym, colloquial equivalent, equivalent in foreign language (including reproduced by means of transliteration), other interpretation of this word/phrase given by Yandex).

2.2. Product offerings are selected for displaying at the Locations specified in Clause 1.1 in descending order of the multiplication of CTR and Rate per Click. Selected Product offerings are placed in descending order of Rate per Click.

2.3. Selection of Product offerings for displaying at the Locations specified in paragraphs 1.2.2, 1.2.3, 1.12 and determination of the ordinal position is carried out in descending order of Rate per Click. Selection of Product offerings for displaying at the Locations specified in paragraph 1.6.2. and determination of the ordinal position is carried out in descending order of Rate per Click taking into account the relevant criteria of Product offerings.

2.3.1. Displaying of Product offerings at the Locations, specified in paragraph 1.6.2., is carried out as follows: selected Product offerings are displayed from the left to the right in descending order of Rate per Click taking into account the relevant criteria of Product offerings. Displaying of Product offerings at the Locations specified in paragraph 1.6.2. is carried upon a condition that such Product offering contains an image of the product.

2.4. Selection of Product offerings for displaying at the Locations specified in paragraphs 1.2.1, 1.3.1 and 1.11 and determination of the ordinal position is carried out in the following order and according to the rules set in paragraph 2.4.3:

2.4.1. The Product offerings with the best CPM ratio influenced by CTR, Rate per Click and, for the stores participating in the "Market Ordering" program, CR (conversion rate) are to be selected first.

For the purpose of these General Terms and Conditions, CR (conversion rate) shall mean a ratio of the number of orders of the Product offering (advertised product) made through Yandex.Market Service and assigned the “DELIVERY” status to the number of displays of such Product offering at the Locations specified in p. 1.2.1, 1.3.1.,1.6.1., 1.11. The CR ratio is calculated only for the Product offerings available for ordering by Users under the “Market Ordering” option);

2.4.2. The Product offerings selected as described in p. 2.4.1 shall be placed at the Locations specified in p. 1.2.1., 1.6.1. and 1.11 in the descending order of the Rate per Click and at the Locations specified in p. 1.3.1 in the following manner:

2.4.2.1. first six Product offerings - in the order described in p. 2.4.2 (subject to the filtering mode selected by a user for the display of search results);

2.4.2.2. other Product offerings - in the descending order of the CPM ratio (subject to the filtering mode selected by a user for the display of search results).

2.4.3. Location specified in paragraph 1.2.1 has a barrier for entry. Product offerings, selected to be displayed on this Location according to the section 2.4, are displayed as follows:

2.4.3.1 only those Product offerings, selected according to paragraph 2.4.1, the Rate per Click of which exceeds the barrier for entry are displayed on this Location.

2.4.3.2 the above mentioned Product offerings, passed the barrier for entry, are displayed in the order set in paragraph 2.4.2.

2.4.3.3 In case neither of Product offerings meets the requirements of the barrier for entry, only three Product offerings, selected according to the paragraph 2.4.1, and having the highest Rate per Click, will be displayed on the Location, specified in paragraph 1.3.1. All other Product offerings, selected according to the paragraph 2.4.1 and failing to meet the requirement of the barrier for entry, are displayed on this Location according to the rules set in paragraph 2.4.2 above.

2.5. In the case where Product offerings that appear on the Locations specified in p. 1.3.1 are shown according to user-selected sorting mode (sort by: availability and price, rating and price, price, etc.), the selection rule of Product offerings specified in p. 2.4.2 does not apply.

2.5.1. However, the Product offerings to be displayed at the Locations specified in paragraph 1.3.2 shall be selected in accordance with the following terms:

the Product offering with the best multiplication of CTR and Rate per Click shall be selected for display;

the Customer's Store shall have at least a four-star rating on Yandex.Market Service;

the Product offerings shall be displayed according to the filtering mode selected by the User for search result display.

The Product offering display on the Location specified in paragraph 1.3.2 is not guaranteed and shall be performed at Yandex discretion.

For the purposes of paragraph 2.5.1 when calculating the CTR anticipated CTR value shall be used.

2.6. Selection of Product offerings for displaying at the Locations specified in Clause 1.4, shall be based on the rules specified in Clause 2.1, as well as filtering mode, selected by the User to display search results, or determined automatically relying on the user’s search request.

The ranking of impression of Product offerings is defined in accordance with the relevance criteria established by Yandex and in view of the CPA rate (Yandex’s remuneration for services specified in cl. 2.1.2 of the Offer) for Product offerings placed under “Market Ordering” option.

The ranking of impression of Product Offerings is defined in accordance with the relevance criteria established by Yandex and in view of the Cost per Click.

2.6.3. The ranking of impression of Product Offerings in the User’s Regions “Republic of Kazakhstan” and “Republic of Belarus” on the Locations specified in paragraph 1.4 is defined in accordance with the relevance criteria established by Yandex and in view of the Cost per Click (irrespective of the Product Offering category).

2.6.4. For the first four pages of search results (with the exception of search results in the “Stores on the map” of Yandex.Market Service), the following rule shall additionally apply: on limitation of the number of Product offerings of a single store - at a rate of no more than 5 Product offerings. Once 5 Product offerings of each store located according to the corresponding request are displayed (provided that a specified amount of Product offerings is less than the amount of Product offerings placed on the first four pages of search results), the ranking of impression of Product offerings is determined in accordance with the rule set forth in the first subparagraph of this paragraph. In case where Product offerings that appear on the Locations specified in 1.4 are shown according to user-selected sorting criteria (by the price, popularity, originality, etc.), the above rule for determining the ordinal position of Impression of Product offerings does not apply.

2.7. Product offerings display’s ranking on the Locations specified in Clause 1.5 shall be determined in accordance with relevance criteria established by Yandex.

In case where Product offerings, which appear on the Locations specified in Clause 1.5, are shown according to user-selected filtering mode (by the price, popularity, originality, etc.), the above rule for determining the ranking position of Product offerings display does not apply.

2.8. At concurrence of a Key word, and other factors specified by the Customer for the various Product offerings of relevant store for displaying at the Locations specified in paragraphs 1.1., 1.2.1., 1.2.3., 1.6 only one Product offering will be chosen: a) for displaying at the Locations specified in paragraphs 1.1. whose multiplication of CTR and Rate per Click is the best, and b) for displaying at the Locations specified in Section 1.2.1, 1.2.3, 1.6 in which the Price per Click is the highest.

2.9. When determining the ranking position of Product offering’s display on the Locations the following rule further applies: all Local product offerings have a higher priority over the Regional product offerings.

2.10. Selection of Product offerings for displaying at the Locations specified in Clause 1.7 and determination of the ranking position is carried out in descending order of Rate per Click. At the same time, when selecting the Product offerings, the rule on limitation of the number of Product offerings of a single store on the same page further applies - not more than two Product offerings.

2.11. In the Locations specified in 1.6., the ranking of impression of Product offerings at the Locations specified in 1.6. shall be determined in accordance with the following rules:

The selection of Product offerings shall be in descending order of the multiplication of CTR and Rate per Click. Selected Product offerings are placed in descending order of Rate per Click. Product offerings with the best performance will get in Guaranteed places.

The product offerings on the Locations specified in 1.6. are displayed at the discretion of Yandex either to the right of search results or below search results.

2.12. Product offerings may not appear on the Locations specified in Clauses 1.6 since on some queries they may be displaced by Yandex.Direct advertisements.

2.13. If CTR of the Product offering on any Key word is below 0.1% Yandex has the right to suspend or terminate the displaying of this Product offering for such Key word at the Locations specified in paragraphs 1.1, 1.6.

2.14. Additionally to the conditions stated in Clauses 2.11 - 2.13 herein, the following rule applies:

If the Links in the Yandex.Direct advertisement and Yandex.Market Product offering lead to the same information resource (website) / domain on the Internet, only the advertisement or only the Product offering, whose multiplication of CTR with Rate per click is the best, will be shown on the Locations specified in paragraphs 1.6.

2.15. Conditions of displaying the Materials on the Locations specified in Clauses 1.2.2 and 1.8:

2.15.1. The product offers displayed in the Locations specified in 1.2.2 are displayed in compliance with the conditions set forth in the document titled ‘Requirements to the Data Transmission Format and Method’, published at https://partner.market.yandex.com/legal/tt and being an integral part of these General Terms and Conditions.

2.15.2. Selection of Product offerings for displaying on the Locations specified in Clause 1.2.2 and determination of the ranking position is carried out in descending order of Rate per Click.

2.15.3. Product offerings displayed on the Locations specified in Clause 1.2.2 are shown according to default options or selected by the User’s product descriptions (size, color, etc.). Only Products offerings corresponding in full to the default options or the User selected descriptions are displayed.

2.15.4. When Product offerings are displayed on the Locations specified Clause in 1.2.2 according to the User selected sorting mode (price, most viewed, most recent), the rule of defining the ranking position, specified in Clauses 2.15.2 - 2.15.3, is not applied.

2.15.5. The Product offerings on the Locations specified in Clause 1.8 are displayed according to Yandex relevance criteria.

The Product offerings on the Locations specified in Clause 1.8 may be displayed only if the Customer provides the Materials including images and descriptions corresponding to the Product offerings.

2.16. Product offerings will be displayed on the Locations stipulated in these General terms and conditions alongside display to the User of other components of the Materials provided by the Customer, relating to a corresponding Product offering (descriptions, images, etc.).

2.17. The display of separate elements of the Materials (images, descriptions) provided by the Customer on the Locations specified in Clause 1.10 is not guaranteed and may vary according to Yandex relevance criteria.

2.17.1. Selection of Product offerings for displaying at the Locations specified in paragraph 1.3.2. shall be performed as follows:

2.17.1.1. The Product offering with the best multiplication of CTR and Rate per Click shall be selected for display from among Local product offerings with the "in stock" status. If several Product offerings meet the display criteria specified in this paragraph, the Product offering with a greater store rating shall be selected for display, or in the case of equal store ratings – the Product offering with the greatest Rate per Click.

2.17.1.2. If Product offerings with the "in stock" status are unavailable, the Product offering shall be selected for display from among Regional product offering (if products can be delivered in the user's region) in the manner specified in paragraph. 2.17.1.1. of the General Conditions.

2.17.2. When displaying the Product offering at Locations specified in paragraph 1.3.2., Yandex does not guarantee appearance of the Link sending the user to the informational resource (site) the Internet (the Customer's site/store) with the address (URL) specified by the Customer.

At the same time, the Link redirecting the User to the informational resource (site) in the Internet (the Customer’s site/store) with the address (URL) specified by the Customer can be available on the Locations specified in cl. 1.3.1 only by clicking the “To the Store” button.

2.17.3. Selection of Product offerings for displaying at the Locations specified in paragraph 1.3.2. shall be performed from among Product offerings Online only.

2.18. Subject to the terms and conditions set forth in the document titled ‘Requirements to the Data Transmission Format and Method’, published at https://partner.market.yandex.com/legal/tt and being an integral part of these General Terms and Conditions, any Product Offer may be displayed in the Locations specified in 1.2.2 along with the discount applicable to that particular product offer and the following warning text: “The discount percentage was calculated automatically https://yandex.ru/support/market/discounts.html”.

2.18.1. Amount of the discount displayed for the Product Offerings specified in 2.18 may also be highlighted, if such Product Offerings has the minimal price for a corresponding Product Card, and for all Product Offerings available at a discount, if there is no Product Card.

2.18.2. Yandex shall be entitled to disconnect the Customer from the discounts display functional in case of a single infringement of the terms of the document "Advertising Requirements" (https://yandex.com/legal/market_adv_rules_ch/).

2.19. The Customer agrees the Materials advertising media products, printed matter, audiovisual production on all types of media, programs for computers (computer software) and databases, as well as information made available through entertainments, information and telecommunication networks, including Internet, and mobile telephone communications network shall contain the age restriction notification - 18+, 16+, 12+, 6+, 0+.

The category of the content shall be determined by the Advertiser independently during the Materials production. If the Customer fails to select a category for Materials with relevant content, the Materials shall be automatically assigned to the 18 + category. The assignment of the Materials to the relevant category shall be performed on the basis of automatic identification of Product offering category. The Customer is entitled at any time to change the category by sending the relevant data in accordance with the procedure stated in the «Requirements to the Data Transmission Format and Method» posted in the Internet at http://partner.market.yandex.ru/legal/tt_en/ or via the customer support service at partner@market.yandex.ru, if the Customer considers the Materials not to be the subject to age categorization. The Customer is obliged to inform the customer support service at partner@market.yandex.ru of the need of age restriction, if the Materials were not automatically assigned to age category (including the cases when the Materials age category is not displayed because of incorrect identification of Product offering category). The Customer is responsible for the proper determination of the Materials age category and mandatory placement of age restriction notification in the Materials with the relevant content.

2.20. The Materials advertising medicines, medical services, including treatment methods, medical items and also biologically active supplements, as well as the Ads of the items constructively similar to arms in terms of article 1 of the Federal Law “On Arms”, shall be accompanied by the following standard warnings:

"It is not a medicine" - for advertising of biologically active supplements;

"Constructively similar to arms" – for advertising of the items constructively similar to arms.

The above warnings shall be added to the advertisements automatically by determining the subject of such advertisements.

The Customer shall ensure that subjects of the advertisements are determined properly and the required warnings are unfailingly added to the advertisements with relevant subjects.

In accordance with the Federal Law “On Advertising”, the Materials, advertised objects of which are the products to be used as a substitute for breast milk, and the products included in the child's diet during its first year of life, shall be accompanied by a warning, such as “Please consult a specialist. For the nutrition of children of ________ (designation of age limit ranging from 0 to 12 months)”.

The determination of age limits for the use of such products shall be conducted by the Customer. If the Customer has not chosen the age category for Materials advertising the relevant product, the Materials shall be automatically accompanied by a warning, such as “Please consult a specialist. For the nutrition of children of 11+ months”. Accompanying the Materials with the relevant type of warning shall be conducted by the automatic determination of the Product offering category. The Customer shall have the right to change the age limit at any time, with passing the relevant data in the manner prescribed by the document "Requirements to the Data Transmission Format and Method" (http://partner.market.yandex.com/legal/tt_en/).

2.22. When clicking at the Link provided by the Customer, the technical parameter «ymclid = ________» may be automatically added indicating the unique identifier of the Click made.

2.23. In case of the Customer involvement in the Recommended Stores Program, the selection of product offerings for Impression can be carried out with regard to a scale up factor to the Rate per Click, set by a third person in respect of the Product Offerings, within the frame of which goods/services offers are placed and earmarked with this third party’s trademark. If a third person intends to connect the Customer to the Recommended Stores Program, Yandex shall notify the latter about it by sending a letter to his e-mail address. In the event the Customer refuses from participation in the Recommended Stores Program, he is obliged to inform Yandex not later than 24 (twenty-four hours) of receipt of the message by sending an e-mail letter to vendor@market.yandex.ru. If Yandex receives no letter from the Customer within 24 (twenty-four) hours from the shipment date, the consent to participate in the Recommended Stores Program is deemed to be received.

In "Moscow" User's region only those Product offers from the above categories will be displayed concerning which the Customer performs actions specified in Clauses 3.2 - 3.2.3 of the document titled “Ordering at Yandex.Market. Conditions for shops” published at: https://yandex.com/legal/market_order_terms_ch/(the Product offer is available for Users in the Customer’s shop under “Market Ordering” option).

The Product offers (from the above categories) of the Customer’s shop concerning which the Customer specifies in the Client’s Web Interface a region other than "Moscow" will be displayed in "Moscow" User's region only if the Customer chooses API as a method of interaction of the Parties in the order processing (Clause 3.3.1 of the document titled “Ordering at Yandex.Market. Conditions for shops” published at: https://yandex.com/legal/market_order_terms_ch/).

In this respect, when the Product offers from “Smartwatches and Bracelets” and “Multicookers” categories are displayed in the Locations specified in cl. 1.2.1, 1.2.2 and 1.3 of the Terms, no Link is displayed, and the cost of Yandex.Market Services in relation to the Product offers displayed like that is defined pursuant to cl. 5.1.2 of the Offer. When a Product offer from “Smartwatches and Bracelets” and “Multicookers” categories is displayed in the Locations specified in cl. 1.2.1 and 1.3.1 of the Terms, the sequence place is determined in ascending order of the price for the goods.

The Product offers from "Medicines and medical items" categories shall not be displayed in the Locations specified in clauses 1.1, 1.6, 1.9, 1.11, 1.12 of the General Conditions.

2.26. The Product offerings will be displayed on the Locations specified in clause 1.12 subject to automatically determined conformity of the image in the viewing window to the image provided by the Customer for its Product offering to be placed. Displaying the Product offerings on the Locations specified in clause 1.12 is not guaranteed. The Product offerings will be selected for displaying on the Locations specified in clause 1.12 on a basis of the relevance criteria established by Yandex. The image containing in its viewing window the Customer’s Product offering will be marked with a special sign in the search results of Yandex.Picture service. When displaying the Product offering in the viewing window, Yandex does not guarantee conformity of the image in the viewing window to the image displayed in the Product offering of the Customer.

2.27. The provisions stipulated in clause 2.23 herein shall not apply within the period from September 5, 2016 г. to September 23, 2016.

3. Prices

3.1. For the Locations specified in cl. 1.2, 1.3, 1.4 (only for Product Offerings from the categories not listed on page https://partner.market.yandex.ru/pages/help/cpa-categories and Product Offerings from any categories, when they are displayed in the User’s Regions “Republic of Kazakhstan” and “Republic of Belarus”), 1.8 and 1.11, the Customer sets the Rate per Click on its own in view of provisions of these Terms.

The minimum Rate per Click for the Locations specified in this cl. 3.1 of the Terms shall be defined by the formula:

cbid_min is the minimum Rate per Click for a product offering in the relevant Location in the respective Region of the User (c.u.);

price_min is the lowest price of a product offering of all prices placed in the relevant Location in the respective Region of the User (rubles, including VAT).

3.2. For the Locations specified in cl. 1.1, 1.5, 1.6 and 1.7, the Customer sets the Rate per Click on its own in view of provisions of this clause 3.2 of the Terms.

The Rate per Click for the Location specified in cl. 1.4 (only for Product Offerings from the categories listed on page https://partner.market.yandex.ru/pages/help/cpa-categories, except when they are displayed in the User’s Regions “Republic of Kazakhstan” and “Republic of Belarus”) and 1.12 shall be fixed and equal to the Minimum Rate per Click calculated for this product offering.

Group A of types of goods: bid_min = 0.055 * (price ^ 0,56), but not more than 0.45 c.u.

Group B of types of goods: bid_min = 0,15 * (price ^ 0,56), but not more than 0.65 c.u.

Group C of types of goods: bid_min = 0,245 * (price ^ 0,56), but not more than 0.9 c.u.,

where

bid_min is the minimum Rate per Click for a product offering of the Customer’s store (c.u.);

price is a price of a product offering of the Customer’s store (rubles, including VAT).

3.3. The Rate per Click has the following minimum and maximum permissible values:

from 0.01 c.u. to 84.05 c.u., except as otherwise provided by cl. 3.6 of the Terms, per Click for all Locations specified herein.

If no Rate per Click is specified for a particular product offering of the Customer, it is held that it is automatically equal to the rate specified by the Customer in the web interface for the group of Product Offerings.

If the Customer sets the Rate per Click higher than the maximum permissible value or lower than the minimum permissible value, it is held that the Rate per Click shall be equal to the minimum and maximum permissible value pursuant to the rules stipulated by subcl. 3.1 and 3.2 above.

3.4. Entry into Force of the Rate per Click

The Rate per Click becomes valid upon the update of Yandex.Market Database in view of provisions stipulated by cl. 4.4 of the Terms.

3.5. When displaying Product Offerings at a discount (cl. 2.18 of the Terms), the Rate per Click set in view of provisions of Sections 3 and 4 of the Terms shall be automatically increased by the amount equal to half the minimum Rate per Click for relevant Locations.

3.6. When the User applies the Rate per Click specified according to cl. 3.1 – 3.2 of the Terms through the Link in the form of an image with a phone number provided by the Customer for the Materials or through the “Show the Phone Number” button, which shows the above phone number to the User, the coefficient of 1 will be used.

4. Miscellaneous

4.1. The Automatic Broker sets the Rate per Click for all Locations, except those specified in cl. 1.4 (only for Product Offerings from the categories listed on page https://partner.market.yandex.ru/pages/help/cpa-categories) and 1.6.2, every time a Product Offering is displayed at a minimum sufficient to ensure that the Product Offering retains its display position in the Location before applying the Automatic Broker.

The Automatic Broker option is enabled / disabled by the Customer independently via the client web interface. In this respect, the Customer agrees that the Rate per Click set via the Automatic Broker shall be deemed set by the Customer.

4.1.1. If the Customer uses any services of Yandex or third parties that allow to control (including automatically) Rates / Prices per Click and/or use any other relevant functionality, the Customer acknowledges that all actions performed by such service users, who had got the access to the respective functionality via the Customer’s login and password on Yandex’s website, are considered to be performed by the Customer.

Yandex does not provide any warranties regarding operability, effectiveness and functionality of such services as well as their fitness for the Customer’s purposes and expectations.

4.2. When displaying the Product offering on mobile devices, a Link to the page “Stores nearby” (stores on the map) section may be inserted in the materials of Yandex.Market Service or a link to the contact page “Make a call” of Yandex.Market Service. When the user clicks a Link to the contact page “Make a call”, only the contact telephone number of Customer's store may be shown to the user.

4.3.1. If until the acceptance of the Yandex.Market Service Offer by the Customer, available at: https://yandex.com/legal/oferta_market_ch/, the Customer purchased Yandex.Market Services on terms and conditions under which the cost of Yandex.Market Services is determined on the basis of Rate per Click and the number of Clicks for the accounting period, the provision of Yandex.Market Services shall be subject to the conditions provided herein.

4.4. Yandex processes the actions, performed by the Customer through client web interface (or via API), and by means of sending YML files, related to the location of the Materials within the following term:

change of Rate per Click - from 3 to 10 hours (the average time of procession is 4 hours);

termination of Product offerings display, replacement of the list of Product offerings and other actions - from 3 to 10 hours (the average time of procession is 4 hours).

4.5. When the Customer changes the Rate per Click, the Clicks are paid on the old price, until this action is processed by Yandex.

4.6. When the Product offering displaying stops, the Services are suspended from the moment the action was processed by Yandex. During this period the Clicks are paid according to the Rate per Click set by the Customer.

1 c.u. (conventional unit) equals to:

- 0,56 USD / 0,45 EUR / 0,53 CHF - until April 01, 2015.

- 0,41 USD / 0,39 EUR / 0,41 CHF - since April 01, 2015.

4.7. Customer acknowledges that due to technical issues beyond the control of Yandex, the services as described hereinabove may not be provided by Yandex or not in the form intended by Yandex. Yandex declines any liability for non performance of the services except for cases of proven gross negligence of Yandex. The maximum claim of Customer is limited to the to the sum under certain Invoice actually paid by Customer to Yandex for the Services in dispute.

4.8. In order to improve the quality of Yandex.Market system and its services, and to develop new offers for the advertisers, Yandex may periodically carry out experiments. In the course of such experiments, Product offerings displayed to certain Users randomly selected by Yandex may be displayed on the Locations subject to modified conditions of the displaying of Product offerings including but not limited to selection and arrangement of Product offerings on the Locations specified in these General Terms and Conditions, as well as on Locations not specified in these General Terms and Conditions. In the course of experiments Yandex is entitled to modify the conditions of displaying of Product offerings under the project “Yandex.Market Purchasing” (https://yandex.ru/legal/market_purchase_terms/). While carrying out an experiment, Yandex does not guarantee that each and every Product offerings will be displayed according to the order of placing Product offerings on Locations and according to selection conditions and other provisions set and specified in these General Terms and Conditions. However, the experiments will not affect the Price per Click established by the Customer in accordance with these General Terms and Conditions. Payment for the Services shall be carried out subject to the Price per Click established in accordance with clause 3 of these Terms. Any information about such experiments shall be made available to the Customer upon the request sent to the customer support service using the feedback form at partner@market.yandex.ru/ specifying the grounds of the request and the number of relevant advertising campaign.